Nebraska's recent election, where voters overwhelmingly approved medical cannabis legalization, now faces intense legal scrutiny. As Taking Joints Memo reported, the state Attorney General’s Office and former State Senator John Kuehn argue that widespread petition fraud and notarial malfeasance invalidated tens of thousands of signatures, potentially nullifying the election results.

The lawsuit, filed in Lancaster County District Court, targets the sponsors of Nebraskans for Medical Marijuana and Secretary of State Bob Evnen, who certified the measures for the ballot. The measures passed with strong public support: 71% for Initiative Measure 437 (legalization) and 67% for Initiative Measure 438 (regulation). However, the legal battle casts doubt on whether those results will stand.

Allegations Of Systemic Fraud

Attorneys for Kuehn and the state argue that fraudulent actions by petition circulators and notaries compromised the integrity of the initiative process. In court, Assistant Attorney General Dave Lopez said, "Cheating is a choice," and alleged that misconduct "permeated the campaign from top to bottom

Key evidence includes texts from Crista Eggers, campaign manager for the ballot measures, instructing volunteers to "push the limits" and disregard rules. Eggers maintains that her comments were taken out of context. Two paid circulators admitted to falsifying signatures, with one, Michael Egbert, pleading guilty to a misdemeanor for using a phone book to forge voter signatures.

Legal Precedent and Expert Testimony

State attorneys cited a 1919 Nebraska Supreme Court ruling that allowed fraudulent circulator signatures to be invalidated entirely. They also presented expert testimony from forensic document examiner Mark Songer, who identified potential forgeries among petitions. However, the defense argued that extending fraud to all petitions notarized by implicated individuals would undermine the initiative process.

Eggers, who notarized six pages of Egbert's petitions, denies knowingly approving fraudulent documents. Another circulator, Jennifer Henning, alleged additional misconduct but faced impeachment of her testimony due to her history of fraud convictions.

Potential Outcomes

District Judge Susan Strong will determine whether the petitions can be rehabilitated or if the election results should be voided. Both sides anticipate that the case will ultimately be decided by the Nebraska Supreme Court. The state constitutional officers are scheduled to certify the election on December 2, but ongoing legal battles could delay implementation of the measures.

Broader Implications

The legal challenge underscores the contentious nature of cannabis reform in Nebraska. Critics warn invalidating the election could erode public trust, while supporters argue it protects the initiative system’s integrity. As Commissioner Ava Callender Concepcion noted, "It is important that states like ours continue to innovate and pursue opportunities for research despite the barriers that may exist."

Cover image made with AI